MINUTES OF THE BETHANY PLANNING AND ZONING COMMISSION REGULAR MEETING OF WED
The regular meeting of the Planning and Zoning Commission was called to order at 7:09 p.m. in the Commission Meeting Room of the Bethany Town Hall, 40 Peck Road, Bethany, Connecticut.
The following Commission Members were present:
Kimberly McClure Brinton, Chair
Michael Calhoun, Vice-Chair
Donna Shea, Member
Bob Harrison, Member
Alex Hutchinson, Member
Brad Buchta, Alternate Member
Carol Lambiase, Alternate Member
Eric McDonald, Alternate Member
Also present were:
Hiram Peck, Planning Consultant
Isabel Kearns, Zoning Enforcement Officer
APPROVAL OF MINUTES
- It was moved by Harrison and seconded by Hutchinson to approve, with the following amendments, the minutes of the August 2, 2017, Regular Meeting:
- Page 2 – Under Public Hearing for 300 Bear Hill Road – Remove words “Index 2”.
- Page 4 – Second Paragraph, Fourth Bullet – Reads “If installing different material on field then what approved, need to let Commission know.” Change to “If installing different material on field than what approved, need to let Commission know.”
- Page 7 – Item #4, Second Paragraph – Reads “Kevin McSherry, Town Attorney, stated there was a concern there are businesses being run out of the storage facilities and that the Tax Assessor would have to look at each bay to determine.” Change to “Kevin McSherry, Town Attorney, stated there was a concern that there are businesses being run out of the storage facilities and that the Tax Assessor would have to look at each bay to determine.” Also add the following Three Sentences “Attorney McSherry recommended the Griegers’ confirm in writing that there is only storage at the facilities. Mrs. Grieger stated she did submit that information to the Tax Assessor. Attorney McSherry will contact Tax Assessor.” Remove third paragraph sentence, “The Commission conquered at this point that Mr. Grieger’s buildings are storage facilities.”
- Page 9, Second Item #4, Second Sentence – Reads “The applicant understands that is the applicant continues to proceed without a DEEP general permit, the applicant does so at his own risk and the approval of the Bethany Planning and Zoning Commission may not contain requirements that may be required by a General Permit issued by the DEEP.” Change to “The applicant understands that if the applicant continues to proceed without a DEEP general permit, the applicant does so at his own risk and the approval of the Bethany Planning and Zoning Commission may not contain requirements that may be required by a General Permit issued by the DEEP.”Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
- It was moved by Calhoun and seconded by Harrison to approve the payment of $1,200.00 (monthly pro rata basis), for services rendered for August 2017, by Hiram W. Peck III, AICP, Planning Consultant.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
- Letter from Connecticut Department of Energy & Environmental Protection to Matthew Micros of 667 Amity Road LLC, dated August 11, 2017, Re: Bureau of Materials Management and Compliance Assurance, Notice of Permit Authorization for the discharge of stormwater and dewatering wastewaters from construction activities for 667 Amity Road.
- Email from John Paul Garcia, dated August 8, 2017, Re: Attached four pictures and descriptions of the netting proposed for 667 Amity Road.
- Letter from Isabel Kearns, ZEO to Mr. & Mrs. Craig Molsick of 68 Hopp Brook Road, dated August 25, 2017, Re: Zoning Inquiry, heavy equipment vehicles and cement truck accessing southern portion of property located at 68 Hopp Brook Road.
- Copy of referral to SCRCOG from Town of Hamden, dated August 10, 2017, Re: Amend Zoning Regulations – Affordable Housing in Multi-Family Dwellings.
PUBLICATIONS AND WORKSHOPS
- Connecticut Federation of Planning and Zoning Agencies Quarterly Newsletter, dated Summer 2017.
- Discussion with Larry Secor of Nafis & Young Engineers regarding the required 2021 zoning/ordinance amendments –
Present for this discussion was Larry Secor, CHMM, Senior Environmental Project Engineer of Nafis & Young Engineers, Inc., who submitted a packet dated July 11, 2017, regarding the implementation of the Best Management Practice for establishing a Low Impact Development Ordinance/Regulations for the Town of Bethany.
Mr. Secor handed out to Commission members’ two brochures entitled as follows:
- Rainfall as a Resource, A Resident’s Guide to Low Impact Development in Connecticut.
- Appendix 1: Recommended LID Practices.
Mr. Secor reviewed all materials with Commission members and answered questions. Also, Mr. Secor stated this is to stop runoff into the streams and the Commission needs to decide which would be best for the Town of Bethany an ordinance or a regulation.
- Discussion with Paul Rieur regarding sale of ice cream at Ace Begonias, 229 Seymour Road –
Present for this discussion was Paul Rieur of 60 Bear Hill Road also owner of 229 Seymour Road, Ace Begonias, Bethany. Mr. Rieur inquired about having a second business at the flower business of selling ice cream.
Mr. Rieur was told he would need an approval from Quinnipiack Valley Health District.
Hiram Peck, Planning Consultant, stated there is a use there now to sell plants, which is an agricultural use. The selling of ice cream would be considered as an accessory use to the other use in a residential zone. Mr. Peck suggested that Mr. Rieur put together a site plan and bring to the Zoning Enforcement Officer to review and submit to QVHD also.
- 696 AMITY ROAD-Unit GL-6, Application #2017-012 submitted by Alayne Siegmund for a Change of Use Permit – Healing/Therapy Business –
The Commission formally received the application. Present to speak on behalf of this application was Alayne Siegmund, applicant.
Isabel Kearns, ZEO, prepared a draft resolution for Application #2017-012. Commission members reviewed and proceeded to deliberate. It was moved by Calhoun and seconded by Shea to approve the following resolution for Application #2017-012:
Whereas, Alayne Siegmund applied on September 6, 2017, to the Bethany Planning and Zoning Commission for a Change of Use Permit to operate a crystal healing/therapy business in Unit GL-6 located at 696 Amity Road;
Whereas, Brian Botti, owner of Unit Gl-6 located at 696 Amity Road, authorized Alayne Siegmund to apply to the Commission for the Change of Use Permit;
Whereas, the Commission at its regular meeting of September 6, 2017, considered the application information, statement of use, testimony and other pertinent information relating to a request for the Change of Use Permit to allow a crystal healing/therapy business in Unit GL-6 at 696 Amity Road;
Whereas, the Commission finds the subject application in essential compliance with the applicable regulations;
Now Therefore the Commission makes the following findings of fact:
- John Laudano, Quinnipiack Valley Health District representative, signed off on the back of the application form indicating his approval on August 31, 2017. He stated there shall be one employee, maximum wastewater discharge shall not exceed 71 gallons per day and a meter should be installed.
- Rod White, Fire Marshal, signed off on the back of the application form indicating his approval on September 6, 2017.
- The Commission received a letter dated September 1, 2017, from Ronald Walters, Senior Environmental Analyst of the South Central Connecticut Regional Water Authority, who states he has no comment.Now Therefore Be It Resolved, that pursuant to Section 5.5.A. of the Bethany Zoning Regulations, amended to October 30, 2015, the Bethany Planning and Zoning Commission approves the Change of Use Permit to allow a crystal healing/therapy business to operate in Unit GL-6 located at 696 Amity Road (Appl. #2017-012), as presented in the application, statement of use and testimony with the following conditions:
- A building permit for an interior fit out permit must be approved by the Building Official prior to any renovations to or occupancy of the building.
- The Fire Marshal must sign off prior to a certificate of occupancy.Vote 5 to 0.Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.Unanimous approval.
- Discussion with Mr. Shukis regarding 63 Sargent Drive -
Present for this discussion were Peter and Mariela Shukis of 56 Sargent Drive.
Mr. Shukis noted the following:
- Lived here for 30 years with no problems until Grieger took over building at 63 Sargent Drive.
- One unit is being used as a garage for automotive repairs.
- Cars and motorcycles go in and out.
- Have seen Napa truck leave building.
- ZEO issued Cease and Desist and nothing has changed.
- Heard that Town Attorney was preparing an injunction and have not heard anything on this.
- This summer had issues with very gray water runoff from the subject site.
- How will Planning and Zoning address this?
Hiram Peck, Planning Consultant, stated he will contact Town Attorney and give him any photographs and information Mr. Shukis has on this matter.
If Mr. Shukis experiences more of the grey water runoff from the subject site, he should call the Department of Energy and Environmental Protection hotline.
- Proposed amendment to Section 7 – Signs and Parking & Loading Regulations – to add Subsection 7.3.1 – Special Exception for lighted signs in the B&I Zone - Public hearing scheduled for December 7, 2016 –
Hiram Peck, Planning Consultant, submitted the following drafts to Commission members for their review:
- Sign Regulations, Section 7 – Revised Draft 5 – August 27, 2017.
- Twelve pages of photographs of signs – acceptable and non-acceptable.
Commission members reviewed draft sign regulations and made some revisions. Mr. Peck will make these revisions and forward to Commission for the next regular meeting on October 4, 2017.
Also Mr. Peck briefly discussed granny pods (temporary trailer-like homes for elderly) and that legislation has been signed but Town can opt out. Mr. Peck will send copy for Commission members to read over and decide if they would like to opt out.
- Continue discussion regarding accessory apartments - Tabled.
ZONING ENFORCEMENT OFFICER’S REPORT –
Isabel Kearns, ZEO, stated she will email Building and Site Inspection Reports.
It was moved by Calhoun and seconded by Hutchinson to adjourn the regular meeting at 9:15 p.m.
Voting for: Brinton, Calhoun, Shea, Harrison, Hutchinson.
Antonia R. Marek, Clerk
for the Planning and Zoning Commission
NESDAY, SEPTEMBER 6, 2017
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